|Subdivision process and registration
in the Land Registry
The Hungarian case
||In Hungary, the Cadastre and Legal registry
(Grundbuch) was integrated in 1971 on legal basis and institutional level.
The name of the institutional network of the Unified Land Registry is Land
Office, responsible for registration and updating of legal and cadastral
||1, The owner(s) wants to subdivide the parcel
for selling or building purposes
2, Owners want to terminate the common ownership
||Any mutation, changes of parcel boundaries
A, road alignment
B, expropriation processes
C, merging (joining) of parcels
The procedure is practically the same as in case of subdivision
||Active: owner(s), local government (building
authority), Land office, licensed surveyor, lawyer
Passive: holders of rights in the unit, neighbours, mortgagers, other
||Owner(s) requests the service of the licensed
Surveyor agrees with the owner(s) accepting the case
The surveyor checks the detailed town planning and building regulations
at the local government, and the owner applies for preliminary permission
of the subdivision
Building authority issues (or reject) the preliminary permission
The licensed surveyor collects required mapping and legal data from the
The surveyor prepares the survey plan of subdivision
computation of new boundary point co-ordinates, areas, etc
setting out of new boundary points on the site
completing the layout plan and survey document
The surveyor submits the survey document of the subdivision to the Land
Office survey department
Survey department checks and certifies the survey document and in the same
time they proceed a preliminary registration and preliminary update on
the cadastral map. This will be legally valid when the owner submits all
documents (see later) to the Land Office and the Land Office updates the
legal and mapping data. The certified survey plan is valid for one year
and could be extended after the date of expiry.
Owner pays the data fee to the Land Office
The owner(s) pays the fee to the surveyor
The owner(s) submit the certified survey plan to the local building authority
applying for the final permission.
The building authority issues the final permission of the subdivision to
all parties (owner(s), neighbours, etc.)
Any of the involved parties can appeal against the permission.
Expiring of the appeal period the final permission of the subdivision becomes
legally valid. The permission is valid for one year but could be extended.
In case of common (joint) ownership, parties have to make a contract of
termination of common ownership. The contract must be prepared and signed
Owners pay to the lawyer 16
Owners(s) submits all subdivision documents (certified survey plan, legally
valid subdivision permission, contract of terminating common ownership,
Land office updates legal and mapping data and issuing certificate of changes.
Land office mails the certificate to all parties according to law.